Hold a public hearing to consider an extension request for a previously approved Major Use Permit for the Gibson Solar Farm Project (ZF#2020-0043) located on a portion of Assessor’s Parcel Number (APN) 049-100-035; adopt an Addendum to a previously certified Environmental Impact Report (SCH #2021100191); certify the cancellation fees for a partial Williamson Act Contract cancellation; adopt a resolution approving the tentative cancellation of existing Land Use Conservation Contract No. 71-206, including the Findings in Support of Immediate Partial Cancellation; and direct staff to record the Certificate of Tentative Cancellation with the County Clerk-Recorder. (No general fund impact) (Fieseler/Gonzalez) (Est. Staff Presentation: 10 min)

Hold a public hearing to consider the following actions related to the Gibson Solar Farm Project (APN 049-100-035), a Major Use Permit (ZF2020-0043) that was previously approved by the Board of Supervisors on October 10, 2023:

At the public hearing held on June 8, 2023, the Planning Commission recommended approval of the Gibson Solar Farm Project (Project) (ZF2020-0043) to the Board of Supervisors (Board) by a vote of 5 to 1 to recommend approval of a Major Use Permit and associated Conditions of Approval for the Reduced Footprint Alternative, certification of the Final Environmental Impact Report, partial cancellation of Williamson Act Agreement (No. 71-206), and adoption of the Mitigation and Monitoring Reporting Program, Findings of Fact and Statement of Overriding Considerations. At the public hearing held on October 10, 2023, the Board approved a Major Use Permit for the Project to authorize the construction and operation of a large-scale solar energy system coupled with a battery energy storage system (BESS) per the Reduced Footprint Alternative analyzed in the Project’s certified Environmental Impact Report (EIR) (Attachment D). The Project will include an up to 13-megawatt alternating current (MWac) solar photovoltaic (PV) electricity generating facility with a 13 MWac/52 megawatt hour (MWh) BESS, occupying the southern 100 acres of an approximately 147-acre parcel (APN: 049-100-035) between the communities of Esparto and Madison. For additional project details, please refer to Attachments H.1 and H.2.

After Project approval, the applicant (Gibson Renewables LLC) contacted staff in October 2024 to discuss a proposed increase in height of the utility poles that were analyzed in the Project’s previously certified EIR to address safety and provide adequate clearance between the conductors and agricultural equipment used on the surrounding property. Upon further review of the proposal, staff determined that an Addendum to the EIR would be required to evaluate potential impacts to the following resource areas: Aesthetics and Agricultural Resources. The County's CEQA consultant, Aspen Environmental Group, prepared an EIR Addendum focused on evaluating the proposed changes to the height of the gen-tie line from ten, 37-foot-tall poles to twelve, 61-foot-tall poles, an increase of 24 feet from the original proposal. The changes also include the replacement of four existing power poles to increase the height by 11.5 feet for the point of interconnection pole (labeled #1 in Figure 1 of Attachment D.2), and an increase of 6 feet for the remaining three poles (labeled 2, 3, & 4 in Figure 1 of Attachment D.2).

The analysis in Table 1 of Attachment D.2 provides an evaluation of the proposed changes and demonstrates that the circumstances, impacts, and mitigation requirements identified in the 2023 Gibson Solar Farm EIR remain substantively unchanged by the proposed height changes, such that an Addendum is warranted under Section 15164 of the CEQA Guidelines. As part of staff's recommended actions, staff is recommending that the Board adopt the Addendum given that the proposed changes would not have an effect on the conclusions identified in the 2023 Gibson Solar Farm EIR for the remaining resource areas.

Staff also received a request from the applicant in July 2025 to extend the expiration of the Use Permit to accommodate the preparation of the Addendum and to finalize the Power Purchase Agreement (PPA) with Valley Clean Energy (VCE) (Attachment C.1). The request would also allow the applicant time to complete the land acquisition process with Yolo Land Trust to finalize an agricultural conservation easement consisting of 101 acres on a portion of APN 027-270-013 to satisfy Mitigation Measure MM AG-2 of the Project’s Use Permit and Conditions of Approval (Attachment I). On March 9, 2026, the applicant provided staff with an updated extension request (Attachment C.2) to demonstrate further progress made to implement the Project's conditions. 

The Project’s Conditions of Approval (Condition 4) allow the applicant to request an extension of the Use Permit if the Project has not commenced within two years of the date of the Board’s approval. Further, the Board is authorized to grant an extension of time if the request is found to be consistent with the intent of the original approval. Staff received the applicant's request prior to Use Permit expiration (October 10, 2025) and are supportive of a one-year extension given that the applicant has provided supporting evidence demonstrating they have been diligently working towards satisfying the Project’s Conditions and Mitigation Measures.

When the Project was approved on October 10, 2023, staff were directed to return to the Board to finalize the partial cancellation of Williamson Act Agreement No. 71-206 (“Agreement”) for the southern 100 acres of the project site. The partial cancellation of the Agreement is an appropriate means of resolving the Project's incompatibility with the Williamson Act and satisfying Mitigation Measure MM AG-2 of the Project’s Conditions of Approval. Cancellation of Williamson Act contracts are allowed under the California Government Code §51280 et seq., including partial cancellation, if the statutory findings are made, which are as follows:

Staff have concluded that the above findings for a partial cancellation of the Agreement can be made, as well as the appropriate determinations found in the attached Resolution to Approve the Tentative Partial Cancellation (Attachment F), including the Findings in Support of Immediate Partial Cancellation. To finalize the partial cancellation of Agreement No. 71-206, staff have prepared the attached Certificate of Tentative Cancellation which identifies the cancellation fee payable by the landowner to the County Treasurer. As described in Attachment E, the County Assessor determined that the estimated fair market value for the 100 acres of agricultural land located on the southern portion of the property is $1,895,000. Staff recommend that the Board certify that the amount of the cancellation fee payable is $236,875.00, which is 12.5 percent of the value of the southern 100 acres of the property that will be removed from the Agreement. Staff also recommend that the Board approve the Resolution Approving the Tentative Cancellation, including the required Findings in Support of Immediate Partial Cancellation of Agreement No. 71-206 (Attachment F), and direct staff to record the Certificate of Tentative Cancellation (Attachment G) with the County Clerk-Recorder; publish a notice of its determination within 30 days of the Board's decision; and notify the Department of Conservation.

Upon notification from the landowner when the conditions set forth in the Certificate of Cancellation are satisfied, staff will administratively prepare and record the Final Certificate of Cancellation and deliver a copy to the Department of Conservation. Within 30 days of execution of the Certificate of Cancellation, the County Treasurer will transmit the cancellation fees to the State Controller [GC 51283(e)].

Staff consulted with the Yolo County Assessor's Office and received input from the Office of County Counsel.